Excavation damage is a leading cause of serious pipeline accidents, US Sec. of Transportation Anthony Foxx said as the rules were announced on July 13. “The rule strengthens our ability to take enforcement action against those who violate pipeline damage prevention requirements, and to address one of the greatest threats to pipeline safety,” Foxx noted.

The 2006 Pipeline Inspection, Protection, Enforcement, and Safety Act gave the US Department of Transportation authority to take this action, PHMSA said, adding that the final rule amends federal pipeline safety regulations by establishing:

• Criteria and procedures PHMSA will use to determine whether state pipeline excavation damage prevention law enforcement programs are adequate.

• An administrative process for states to contest inadequacy notices from PHMSA if they choose to do so.

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• Federal requirements PHMSA will enforce against excavators for violations in states with inadequate excavation damage prevention law enforcement programs.

• An adjudication process for administrative enforcement proceedings against excavators where federal authority is exercised.

PHMSA published an advanced notice of proposed rulemaking (NOPR) on the excavation damage rule in 2009 and a NOPR in 2012. It transmitted the final rule to the Federal Register, where it is expected to be published in 3-5 days. A 60-day public comment period will begin at that time.